GOPAL KRISHAN VYAS,J. - (1.) By the present petition, filed under section 482, Cr. P.C., the petitioner, accused in F.I.R. No. 82/2005. P.S. Chopasani Housing Board. Jodhpur for offences under sections 363. 366. 368 and 376. I.C., seeks to challenge the validity of order dated 1.4.2006 passed by Trial Judge, Additional Sessions Judge (Fast Track) No. 1. Jodhpur whereby the learned Trial Judge took on record transfer certificate issued by the Anjuman Muslim Girls Secondary School, Sikar on the application filed by the prosecution.
(2.) Learned Counsel for the petitioner contends that there is no provision in the Code of Criminal Procedure for taking on record any document after filing challan under section 173 (2), Cr. P.C. and only the documents produced alongwith the charge-sheet could be taken on record as part of the challan papers. He invites attention of the Court towards section 173 (8) of the Code of Criminal Procedure which reads as under: "Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer-in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)."
(3.) It is contended by learned Counsel for the petitioner that it is true that the prosecution is not precluded from further investigation in respect of an offence after the report under sub-section (2) has been forwarded to the Magistrate: but, herein, the prosecution has submitted particular education document with regard to the age of the prosecutrix which was not part of the challan and, therefore, such document has wrongly been taken on record as prosecution evidence and said document cannot be exhibited at the trial.;